elbert burchard andanother vs phocas kasigara 2020 tzhc 4159 6 november 2020

elbert burchard andanother vs phocas kasigara 2020 tzhc 4159 6 november 2020

The lower tribunals' proceedings and decisions are nullities due to improper composition, lack of assessors' opinions, failure to ascertain the size, location, and value of the disputed land, and denial of the right to be heard. The defects are incurable and require the proceedings and decisions to be quashed and set aside.

Citation
elbert burchard andanother vs phocas kasigara 2020 tzhc 4159 6 november 2020
Parties
Appellant: Elbert Burchard; Appellant: Wilson Venant; Respondent: Phocas Kasigara
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 November 2020
Procedural Posture
Misc. Land Appeal / Judgment on Appeal From District Land and Housing Tribunal and Ward Tribunal
Outcome
Appeal allowed; lower tribunals' proceedings and decisions quashed and set aside.
Legal Topics
Tribunal Composition, Right to Be Heard, Functus Officio, Res Judicata, Assessment of Land Size and Value
Source Language
English
Land Law Civil Procedure Tribunal Composition Right to Be Heard Functus Officio Res Judicata Assessment of Land Size and Value

Case Brief

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Parties

Elbert Burchard

Appellant

Wilson Venant

Appellant

Phocas Kasigara

Respondent

Procedural Posture

Misc. Land Appeal / Judgment on Appeal From District Land and Housing Tribunal and Ward Tribunal

Legal Issues

  1. 1 Whether the lower tribunals were properly constituted as per law
  2. 2 Whether the parties were afforded the right to be heard
  3. 3 Whether the principle of res judicata applies

Ratio Decidendi

The lower tribunals' proceedings and decisions are nullities due to improper composition, lack of assessors' opinions, failure to ascertain the size, location, and value of the disputed land, and denial of the right to be heard. The defects are incurable and require the proceedings and decisions to be quashed and set aside.

Court Disposition

Appeal allowed; lower tribunals' proceedings and decisions quashed and set aside.

Orders

  • Misc. Land Appeal No. 1 of 2018 allowed.
  • Proceedings and judgment of the District Land and Housing Tribunal in Land Appeal No. 225 of 2014 set aside and quashed.